View rights could be clearer if Laguna takes action

Marsha Bianchi owns a home with a view in Laguna Beach, except when her neighbor's trees block her view. SAM GANGWER, ORANGE COUNTY REGISTER

On the street

“I think they need a stronger law. We have some trees blocking our view. You pay for a view. That’s what you’re buying.”

Karin Lewis, 10-year resident

“Definitely. I think there should be some rules. They have certain rules, but they don’t enforce it.”

Duane Lewis, 10-year resident

“We’ve got overgrowth [in their view] and I almost get the feeling there’s no opportunity to change that. There’s no teeth. I’ve got a home and half of my view is gone, and I don’t even know what to do about it.”

Dave Kluver, 15-year resident

“Yeah, people spend a lot of money for a certain views. I think if there was issues set up for height you know that coming in.”

Jeff Hobson, 20-year resident

“Yeah, they’ve been doing it for years (trying to impose stricter regulations) … It’s really important.”

Rose Kelley, lifetime resident

LAGUNA BEACH – Living on La Vista Drive in Laguna Beach, the street name meaning "the view" in Spanish, used to translate to a view of Heisler Park and Santa Catalina Island for Cathi Sassin

Her daughter, Suzy Sassin, remembers standing out on the deck as a teenager to check the flags at Main Beach lifeguard tower before heading to the beach.

However, for the past couple of years Sassin has watched several trees on a property across the street slowly crop her formerly panoramic view nearly in half.

She’s not alone.

If you buy a home in Laguna for its view, then Marsha Bianchi paid about $2 million for hers.

Ever since she’s moved into her Victoria Beach neighborhood, she’s had to tackle growing vegetation – whether it’s the treetops threatening her panoramic view of South Laguna or the view of Catalina off her porch.

She trims her neighbor’s ficus trees to see off the back of her home, which has cost her about $1,000.

More than 30 people spoke at the City Council meeting Jan. 15, arguing that the city’s voluntary process isn’t enough for homeowners battling for their ocean views. After hours of public input and council discussion, it was decided that Mayor Kelly Boyd would form a committee to address the issue and report back in 90 days.

The committee will include Commissioner Ken Sadler, Roger McErlane of the Design Review Board and six people in the community

VIEW PROTECTION

The majority of Lagunans are on their own when it comes to a neighbor’s unruly oak tree. Although communities with homeowners associations have their own regulations, the rest of Laguna has to solve the issue through a voluntary process where cooperation is key.

For the last decade, 10 years or so, the city has had two options for residents battling growing vegetation – the view preservation ordinance, which is voluntary, and the hedge height limitations ordinance, which is enforced by code enforcement.

If residents feel their view is being impeded, they can file a view preservation claim with the city and ask for mediation, which includes review by a certified arborist. If that doesn’t work, they can pursue arbitration and eventually civil action.

The hedge height limitations ordinance applies to a hedge – on the front, side or rear of a property – that forms a continuous barrier, like a fence.

While residents balk at the voluntary view preservation, staff recommends going the same route with the hedge height ordinance, due to enforcement costs, the number of claims and potential liability.

Marsha Bianchi owns a home with a view in Laguna Beach, except when her neighbor's trees block her view. SAM GANGWER, ORANGE COUNTY REGISTER
Marsha Bianchi owns a home with a view in Laguna Beach, except when her neighbors trees block her view. The view of Santa Catalina Island off her back deck is blocked by trees growing in her neighbor's yard. SAM GANGWER, ORANGE COUNTY REGISTER
Marsha Bianchi likes to play her guitar while she looks out her window at the ocean view. Bianchi owns a home with a view in Laguna Beach, except when her neighbor's trees block her view. SAM GANGWER, ORANGE COUNTY REGISTER
Kathi Sassin and her family live on La Vista Drive in Laguna Beach and have been in disputes with their neighbors over trees blocking their views. SAM GANGWER, ORANGE COUNTY REGISTER

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